Participation Agreement, Release, and
Acknowledgement of Risk
In consideration of the services of the Sierra Mountain Guides, Inc. their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereafter collectively referred to as "SMG"), I hereby agree to release, indemnify, and discharge SMG, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows;
1. I acknowledge that my participation in alpine mountaineering, rock and ice climbing, and ski mountaineering entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things; the hazards of walking on uneven terrain and slips and falls, being struck by rock fall, ice-fall, or other objects dislodged or thrown from above, the use of climbing ropes and equipment, the forces of nature, including lightning, weather changes, and avalanche, the risks of falling off the rock, mountain, or into a crevasse, the risks of exposure to insect bites, the risk of altitude and cold including hypothermia, frostbite, acute mountain sickness, cerebral and pulmonary edema, exposure to airborne illness and/or infectious disease (including COVID19), my own physical condition, and the physical exertion associated with this activity.
Furthermore; SMG guides have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather, or other environmental conditions. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
2.) I expressly agree and promise to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary and I elect to participate in spite of the risks.
3.) I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless SMG from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of SMG's equipment or facilities, including any such Claims which allege negligent acts or omission of SMG
4.) Should SMG or anyone acting on their behalf be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify them and hold them harmless for all such fees and costs.
5.) I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6.) In the event that I file a lawsuit against SMG, I agree to do so solely in the state of Nevada, and I further agree that the substantive law of that state shall apply in the action without regard to the conflict of law rules of that state. I agree that if any portions shall remain in full force and effect.
7.) I agree to abide by the COVID-19 Policy set forth by Sierra Mountain Guides and provide either proof of full COVID vaccination OR a current negative COVID-19 test within 48 hours of the start of my program. Failure to comply with this policy will result in the cancelation of my program with no refund.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against SMG on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
TODAY'S DATE: December 10, 2022